wire.com. vote in the polls. and we have an open thread for your thoughts about tonight's show. good night from washington, d.c.. go to greta wire. doing in its state could help. >> dana: hello, i'm dana perino with kimberly guilfoyle, bob beckel, eric bolling, greg gutfeld. it's 5:00 in new york city. this is "the five." ♪ ♪ be dana: last week, the supreme court upheld president obama's healthcare law, but ruled the individual mandate which required virtually all americans to obtain health insurance coverage is a tax that falls within congress' power. but in 2009 when president obama was pushing the legislation he said it would not become a tax. >> no, that's not true, george. for to us say that you have to take a responsibility to get health insurance is absolutely not a tax increase.

>> dana: but fact that the supreme court says it's a tax puts the obama administration in a tough position and they don't want to call it what it is. >> no, what this is, this is a law that says if you can afford insurance and you choose not to buy it, and you choose to have your health cost be a burden to others you will pay a penalty so you will pay your fair share. >> dana: chief justice roberts is their new best friend. that is all is worldly and reasonable. the least they could do is quote him accurately. i felt yesterday when he was talking it was a tortured explanation. i immediately thought of you. >> greg: how sweet of you. this is what i don't get. why isn't the left denying this win? they got what they wanted. it's like the miss america contestant who spends her whole entire life trying to win that crown and when she does win she acts shocked. they have been trying -- f.d.r. tried. hillary tried. pelosi pushed it through. they got what they wanted. socialized medicine. wife don't they just admit

they won and be done with it. >> dana: the interesting thing is that when president obama said it to george stephanopoulos, i guess that was their position. then, when they went to court to file the brief, the solicitor general argued it was a tax to keep it constitutional. why would they deny it now? >> kimberly: it's perfectly keeping with how they operate in terms of their campaigning. whatever it takes to do to win. whoever they need to pander to. for this, i mean look, they will take a win whatever way they can get it. i don't know why they try to disavow it. they were able to get through thanks to chief justice roberts who made it work for them. >> dana: so bob, if you keep your political hat on for a second, if you are in chicago, and you are looking at this like oh, my gosh, we don't want to be labeled this as the biggest tax increase in the last 20 years what would you advise them? >> bob: i would advise them there is nothing different today than if they went to the commerce clause and said this is a fine. nobody argued at this table or most of the opponents of healthcare argued the tax

issue at all until roberts made it in to -- >> dana: no, no. until they argued it in front of the solicitor general. >> bob: right. solicitor general made a second tier argument after the commerce clause. the fact is there is nothing different today than if they ruled on the commerce clause. you talk about taxes and the rest of it. a fine is a fine, is a tax, is a fine. it doesn't matter. the fact of the matter is you didn't make this issue a tax issue until roberts made it an issue. >> dana: no, no. i said the solicitor general in their argument and the supreme court on behalf of president obama said it was a tax. two weeks after president obama said that to stephanopoulos. how do robert come up with that out of thin air? >> bob: he was asking the question: could this be construed as a tax? in part of their brief there was a tax aspect to it. they wanted it done in the commerce clause. it was not.

roberts was shrewd in how he did this. there is nothing different about obamacare, if it was a fine, taxer commerce clause -- >> kimberly: bob is saying he doesn't care. they got the outcome -- >> bob: to call it socialized medicine is an absurd crazy idea. >> dana: no, it's not. er rick, you are shaking your head. i want to go to you last so you can sum it up. when it's a tax is not a tax? >> eric: when they say it's we'll call at it tax. ever since it was called a tax, passed because it's a tax. democrats say it's not a tax. if it's not, go back to the commerce clause argument and it will fail. so you have to stay with the tax michigan problem is this. we are fighting, the conservatives are fighting to call it a tax. then mitt romney's guy comes out today and it's not a tax. what in the world are you -- you know what? do us a favor. take a vacation. come back november 7. after the election. it's a tax!

>> bob: of all the discussions we have had about obamacare around the issue, not one of you raised the tax issue. not one of you. >> eric: it was never an issue. it was commerce clause. >> greg: it wasn't a tax. we stupidly took them at their word. we thought maybe they weren't lying or maybe they were competent. turns out they're lying and incompetent. >> bob: you call it a tax makes -- >> eric: we didn't call it a tax. this table didn't call it a tax. supreme court justice roberts called at it tax and it passed because it was a tax. >> bob: you never brought up the tax aspect of it before. >> dana: because president obama never said it was a tax. now chief justice who they hang their hats on upholding the law called it a tax. then they say it's not. >> kimberly: heads up it would work. >> dana: sore losers are really annoying. sore winners are worse. the fact it goes on to almost all americans that -- whoa, whoa, whoa, whoa. this is a tax? why is the i.r.s. hiring 4,500 new agents? to collect a tax.

let's listen to steve real quick and get your reaction to this. this is the "wall street journal" piece comment. >> through the campaign, the president said that no one who makes under $200,000 will pay a dime of new taxes. but guess what? the court decided on thursday that this is a tax increase. and you are quite right, it's over $1 trillion in ten years. the congressional budget office says 75% of the taxes will be paid by people who make less than $120,000. by my calculation, about half of those people are making somewhere between $20,000 and $75,000 a year. >> bob: steve is an interesting guy with numbers and he is a right wing they're hated this thing from the beginning. you say don't insult your intelligence. don't insult my intelligence telling me that the world is different because of the ruling. the commerce clause would you say it's a tax? >> dana: no, because it's -- >> bob: it would be a fine, right? it would have been a fine. >> eric: you're conflating

two arguments here. there are two taxes. one is the penalty tax for not having insurance. the other one is what steve moore was talking about, $675 billion of new increased tax revenue in the bill. those are two different things. yes, the $675 billion would still be there. born by the middle class. but the -- >> bob: why is it born by the middle class? i don't understand. that >> kimberly: do the math, bob. >> bob: wait a second. the people who don't buy insurance will get a -- >> eric: different one. you are conflating this with the other new -- new -- [ overtalk ] >> greg: you are playing ping-pong with a blow drier st. ball comes back. look, this is what happens when you don't know what is in the bill. pelosi said you have to pass it before you see what is in it. that's what you do with a kidney stone. you don't do it with one-fifth of the economy which is what we're dealing with. >> bob: if it's a ta, read the bill. >> greg: why do i have to read 2,000 pages? why didn't your people read

it? why did you push it through reconciliation, whatever it took? >> bob: whatever it took. >> dana: now they get the win either way. it doesn't matter what you call it. >> eric: obama administration is pushing back from taxes. yeah, politically it's horrible for them. more importantly, if it is a tax, it's a budget item. if it's a budget item, have it repealed it only requires 51 vote in the senate. >> bob: we'll figure out a way to get around that. >> dana: there goes america straight down the tubes. >> bob: oh, please. >> kimberly: kennedy said whatever it takes. they don't care. >> bob: what will you do about the 30 million people without insurance? >> greg: all right, bob. >> kimberly: triple the middle class of taxes. >> greg: how many are u.s. citizens? all of them? are all of them? >> bob: i assume they're not all. >> greg: how many afford it but aren't getting it? how many are eligible? that number gets smaller and smaller. >> bob: if you take a young person who thinks they are invincible and they break

their back and become quadriplegic for life, who pays for it? >> greg: you can pull out an isolated dints -- >> bob: i.d. happens al it happe time! >> dana: we were promised you can keep your doctor if you want to. not true. they said premiums will go down. that is not true. you cannot force everybody in the world -- or in america, to purchase product and expect the cost to go down. that won't happen. bob of course it. will -- >> bob: of course it will. if you have more supply -- more demand -- >> bob: that's the market. >> kimberly: held action. it's not going to work that way at all. >> eric: the former speaker of the house today or yesterday, today -- yesterday, i believe it was. said there is a $4,000 tax credit for middle income families so there is a tax credit for businesses. how in the world do you insure 30 million more people, offer tax credit to the middle class, offer tax credit to businesses and have them not cost more money. >> bob: how do you insure

30 million people then? if you have an idea, tell us what it is. >> dana: jasper chasing his tail. >> greg: that is a dollar to obama's fund. >> dana: we settled that and jasper is on the table. jasper, jasper, jasper! justice roberts switch his vote after siding with the conservatives. what made him change his sunshine interesting news on that when we come back. ♪ ♪ thank you. thank you for serving.

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♪ ♪ >> eric: now that a few days passed, conservatives have had time to digest just what happened here anyway regarding supreme court chief justice surprise turn, siding with the liberals. but guess what? we still can't figure it out. we were so close. we had obamacare overturned.

all we needed with the mostly reliable conservative vote from roberts. and wham! just like that, one man changed his mind and changed america from a free market capitalist society to a place where socialism is no longer a dirty word. sadly, cbs reported chief justice roberts was kill the bill vote until the 11th hour flip-flop. so what would cause an aboutface? kimberly, judicial activism, judicial statesmanship or maybe just benedict arnold maneuver? >> kimberly: can i choose all three? it's a little bit of all of them to be honest with you. in terms of the roberts coming out he was quite clearly with the majority. he is the chief justice and gets an option to decide who will pen the opinion. he chose it for himself. when he switched sides, you can see it in the dynamic and how the opinion were tailored, written and in terms of the dissent and they did not join him on any portion of the law or the opinion that he wrote. i don't know, his job is not

to be the top p.r. man for the supreme court. his job is to uphold the constitution. that is where i think this was a failure on his part. he should haven't been worried about what the public opinion or what the obama administration was doing. >> bob: why not worried about the public opinion court? that's part of his job. >> kimberly: it's not. >> bob: i think it is. henry gonzalez, bush's attorney general. >> dana: alberto. >> bob: whatever his name is. nonetheless, he said that he vetted roberts himself. two days before the decision came down, he predicted that roberts would do this. roberts initially in the first vote came out against this bill. the mandate on the commerce clause, which is what the republican and conservatives wanted done. >> kimberly: correct. >> bob: in the course of the debate, they go back and forth, he decided to rule on the tax side of it. he did what you wanted him to do on the commerce clause. he also came up with

presumably a ruling that i don't happen to think is it a tax. but if he calls it a tax, it's a tax. >> eric: say what you said originally he felt came up with something to preserve the integrity of the court? how is that -- >> bob: he was worried about the court being called snore what about the integrity of the constitution? >> greg: mental contortionists. he contorts himself in a pretzel. claims he limited federal government creating the biggest entitlement since the new deal. he had three choices. i have a chart here. the first choice if he went against media he would have been pariah and known as outcast. if he upheld the obamacare he would have been messiah to media and written up as a guy that stood up against the right. my third choice is he would get a sex change and become mariah because that would have been more entertaining. >> kimberly: that was your chart? >> greg: that's my chart. i'm sticking to it. >> dana: i was away last week at a friend's wedding when the ruling came down.

having worked as spokesperson on his confirmation with other people you could not have found a conservative who didn't think he was the best possible choice. >> kimberly: true. >> dana: at the time. gregg is for his legacy, though. >> dana: roberts' legacy. >> greg: he knows the left writes the history. >> dana: i am skeptical about what comes out about the supreme court. this is plause to believe me. it's troubling and disappointing. president obama voted against him. and justice alito. the much maligned argument on the first amendment. he also cited against bush. you don't know how he wilrule. conservatives thought he would be reliable. the contortionist thing is troubling to a lot. >> bob: the thing about the citizens united had a lot to do with this. he felt the sting on that. he was not on the court when gorev. bush came down but it

was a political vote on behalf of the republicans. that vote. roberts want to protect himself. he wanted to protect himself and the court from being considered -- >> greg: legacy vote. >> eric: he should be more concerned about his legacy than this case? >> bob: let's assume roberts is right and this is a tax. do you agree that the congress has right to pass a tax? >> eric: stay on topic here. why is it that the liberal judges never have to worry about them switching to the conservative side? now there are at least two judges what that are quote/unquote, conservative. are they swing votes? >> kimberly: you have to wonder about it now. he is constantly going to be in play, going forward when you think about it. this is his legacy. he has to live with it. it wonder what he thinks now, the p.r. of the court if it's worth it. if the initial decision was solid that it violated the commerce clause and he wasn't going to uphold it on

taxation. he then completely switched his mind. that's why the rest of the justices, conservative justices say robertous are on your own. >> dana: imagine what it's like around the water -- >> bob: who is a conservative who is not a conservative? >> kimberly: you are going to tell us? >> bob: you tell us. >> i would hope that the conservative president would appoint a con seventive judge. is that not how it works? >> dana: for three months leading up to this, every day you said they were right wing hacks. this is hard to swallow. now it's like oh, the court is so great. >> bob: i don't say the court is great. >> dana: imagine what the water cooler is like at the supreme court right now. where the conservative can't even look him in the eye. that would be very uncomfortable place to be. >> eric: take it a step further. kimberly, greg, weigh in on this. say romney is president next term. ruth bader ginsberg steps away for whatever reason. what does he put in place? what does he play? does he go far right

conservative or do the justice kennedy or now the justice roberts, middle of the road? >> kimberly: put in a far right conservative to balance out the unsteady equation. >> greg: put in carrot top. anybody is better. >> dana: i think you choose who you think is the best possible choice. i think that is how the decision was made initially. i guess they have to see. >> bob: george put rick sutcliffe in whsuitorwho became. >> eric: there are a lot of people who would say that those are two bad choices. by president bush. >> dana: nobody said roberts was bad choice when he was nominated. >> eric: ask them now. >> dana: but you couldn't find anybody then. >> greg: chris matthews said you'd be compared to bad guy in dredge scott decision. >> bob: does congress have a right to pass a tax or not? >> dana: congress does if they know what they are voting

on. >> eric: i'm not sure that the supreme court should change something to call at it tax. coming up, politics behind the "fast and furious" scandal. both sides claiming the moral high ground. no room up there for both, though. is there? greg has thoughts next. >> greg: i do! ♪ ♪

♪ ♪ ♪ ♪ >> greg: welcome back. folks on the left and in the media -- same thing, really -- say the "fast and furious" scand is motivated by partisanship and hatred for president obama. i can see why. for some people, they might be right. if the perspective holds true, then so does the reverse that the casual dismissal of fast and furious is also political. motivated bipartisan and a love for president obama. if politics is behind the pursuit of truth for the terry family and also behind distancing from the truth, who side should it be on? after the accusation of political patty cake are played out you are left with a dead american and scores of dead mexicans, all due to army criminals. partisanship on either side doesn't change any of that. only one kind can answer for

it. if i were to pick a side knowing both sides are political, go for the side to answer the question by grieving family. to be politically motivated to say it's not a big deal doesn't hold. where are woodward and bernstein? tell someone to call martha's vineyard and tell them to put down spitzers and step up. if bush had done this, they'd be trying him in the hague right now. >> that was very confusing. i was having a hard time following. >> greg: what's wrong? right now they are saying, they are saying if you pursued "fast and furious" it's political. not pursuing is it political. that is the point. should i just have said that and skipped the monologue? >> kimberly: it was a little verbose. >> greg: maybe it was just over your head, kimberly. >> kimberly: believe me, i got it all. >> dana: i followed it. >> greg: tell me how good it was. >> dana: one of the best monologues i've ever seen.

jasper even liked it. >> greg: $4. bobous followed me, right? >> bob: i certainly did. >> greg: what did you make of it? >> bob: i thought it was political. >> greg: there you go. >> bob: this being the last show in america still following the story. g that is my point. >> bob: this story has come down to justice for one family, tragedy. i don't remember the media pursuing the tragedy of all of those people killed in iraq who died under circumstances who never should have happened. >> dana: what are you talking about? >> bob: the people who were killed in iraq were killed for a war they didn't need to -- >> dana: you don't think the media covered that every day all day long? >> bob: i don't think they made it dependant on one person's name, after another person's name -- >> greg: it was a drip, drip, drip of horrifying numbers. >> bob: was it in the "wall street journal"? >> greg: it was everywhere. >> bob: the "wall street journal" agree it was illegal war and we should haven't people die? >> kimberly: you are changing the premise -- >> dana: you are saying no

one covered it in any paper? the "wall street journal" editorial page is a different thing. but to say that -- man. >> eric: you said one person died. tragedy of brian terry. but are you ignoring the 300 or so mexicans killed? >> bob: i'm not ignoring the 50,00,000,000 killed with the gs that had nothing to do with the "fast and furious." >> eric: what about the 300 mexicans? they don't matter? >> bob: of course they matter. every human being matters. but the idea that 50,000 -- this is a war going on there. this was a project that went awry. they would have gotten guns anyway. >> greg: now you just argued against gun control. why control guns if they happen any ware. >> bob: if it's up to me there wouldn't any guns. >> greg: i wish there were unicorns on the moon, bob. >> bob: they're not. >> greg: one day. kimberly, where are all the constitutional scholars?

>> kimberly: they are crying and in mourning over what happened with chief justice roberts. i agree with your mention, what you said in the beginning before it became verbose and complicated. >> greg: no more monologues. they're done. >> kimberly: they're banned. who cares how we arrive at it? the democrats or republicans, this investigation should be pursued and go farther. it should matter, whether it's one individualor death of 300 plus individuals. that is what bothers me about it. it's completely now been broken down to political terms. >> bob: there will be a trial -- >> kimberly: that is missing the point. we have can't proceed forward because the man who supposed to be the most franz and justice is blind, eric holder refuses to turn over documents. held in civil and criminal contempt. >> bob: they're going to cast a civil lawsuit. >> kimberly: they are. general counsel will get it. >> eric: to ask holder questions. do you think any of us would

talk about this now if they turned over the documents? of course not. it's a coverup. the most interesting -- >> bob: you call at it coverup. i call it constitutional right. >> eric: we don't know what the documents say so if we knew that we'd know if it was a coverup -- >> bob: why should you have the right to know what the documents say? >> dana: because -- >> kimberly: they lied. >> bob: how do you know? >> kimberly: they admitted it. >> dana: that is the point. they initially said one thing. then they said another thing. due to congress on the record. what people have been asking what happened in the intervening time. i don't think it's unreasonable. they know it and they won't say it. even if they are to not turn over the documents. what has happened before in accommodation. that is probably where they will end up. probably before the election -- >> kimberly: all they said before is we're going to turn over what we feel is a fair compilation, then after this, it -- >> dana: death of somebody

politically. >> bob: it didn't exist by the time they said it did. obviously somebody didn't know at one end. they had to correct themselves. in the interim, they try to figure out what happened. i still contend they found out that somebody blew it and holder decided to cover for him. those are -- >> eric: oh! >> kimberly: we know that, then? >> eric: hello! red light going on. lightbulb. >> bob: i said that last week. >> eric: holder is covering up. >> bob: i said they decide decided -- >> eric: covering it up. >> bob: those are internal discussions which have no right to be in your hands or congress of the -- >> kimberly: why doesn't he turn them over and step down. do it now. >> bob: you want executive -- >> kimberly: it's the right thing to do. >> eric: what is the next thing holder will cover up, bob in what is the next thing? >> bob: that is not the point. protection of international documentation and the discussion between the administration is something they should keep with the executive. simple as that. congress has no right to it. >> greg: i am going to turn over the dream journal. >> kimberly: i don't want to see it.

>> greg: coming up, fires are still waging out west and thousands are without power. the latest update of the wild weather around the country. stick around or dana will eat a caterpillar. ♪ ♪

chief makes. "special report" at 6:00 eastern. now back to "the five."

♪ ♪ ♪ ♪ >> bob: it's hot all right. you heard about the fires in colorado, burning a number of houses have been destroyed. it's spreading in the west. but also, last week, last friday, one of the strange storms that hit on a rare occasion hit across the mid-atlantic. frankly, in my hometown in bethesda, maryland, where the electricity is out. the trees are down. mu neighborhood is blocked off. i couldn't get home if i wanted to, which sometimes i really wish i didn't want to. but the point is now -- at one point, there were 1.5 million people without electricity. it's down to 500,000 now. the heat in georgia with the heat index is 118-degrees. in washington, the heat index

is 104-degrees. all of this without air conditioning. if you ever lived in the mid-atlantic or washington, d.c., without air conditioning, i can tell you it's very difficult. speaking of the horrible situation still going on. trying to get the electricity back up. more storms are expected. west virginia, the largest number of outages electricity in their history. have you ever been through this? what is the toughest weather you have -- >> eric: i went to college in florida. a lot of hurricanes. you had the whole, get yourself in safe places. in 2005, 2004, 2005, blackout in new york city. that was crazy. i mean the whole city went black. then you worried about in the aftermath, worried about crime. afterwards, can it eat any of the food? sitting in the refrigerator. >> greg: in the blackout the point is drink hurricanes. you know what i'm saying? the fact is during -- if it's a blackout you head to bars because refrigeration is going and the gegs are going to die.

it's generally free booze. that is what happened in new york. fortunately, i was not there. >> bob: that is what everybody should do, sit in bars. dana -- >> eric: if you are near one, go to a casino. they have their own generation. >> kimberly: their own generator. >> bob: you lived in colorado. fires areer thible in >> er thible in -- terrible in colorado. >> dana: i didn't live where there is a fire danger because it's southeastern colorado. pueblo, colorado, is where i went to college. there were tornado warnings. i was in d.c. for hurricane isabelle. my husband was out of town. it had henry the dog. the only thing i had to, that i prepared with, one candle. it was lavender scented. burned for 14 hours. to this day i can't stand lavender. even in d.c., it wasn't that bad. in the rural areas farther in

virginia they suffered a lot from that, too. >> bob: you cause a storm anytime you walk down a street. >> kimberly: that's an earthquake. >> bob: there you go. seriously, what is the worst weather you have been through? >> kimberly: i like the heat. i lived in california, earthquake problems in san francisco. i was in an earthquake there at the giants game. >> greg: i was there. loma prieta. >> dana: that's where you met! >> kimberly: that was scary. that wasn't good. i was in new york when they had the big power outage. everybody was wiped out. that was not good. bost two power outages -- >> bob: two power outals in new york. i was a kid, '68, the whole city went out. out for a long time. the worst one i was in, my former wife was a professional golfer. i was driving through to and go to one of our tournaments. first and only time i saw tornado. i got underneath an overpass. the thing i got to tell about those things is how loud they are.

i didn't know where it was going. i knew the underpass was the right place to be. it sounded like a train roaring down. we don't have tornadoes much out here. although they did in maryland. but it's -- tornadoes in new york? no? >> eric: rare. >> bob: very rare, right? >> greg: people in brooklyn last year -- >> dana: out of the clear, blue sky. >> bob: greg, this is not, they are setting heat records across the country. which, of course, goes back to the reason there is global warming. >> greg: i knew we'd get to that. if this stops anybody in washington, d.c. from getting any work done, i hope it happens. >> bob: government employees are not essential. >> greg: do you think global warming causes this? >> bob: yes. absolutely. >> greg: do you have any evidence for that? >> kimberly: 17th floor. producer put the research in -- >> bob: more evidence than galileo had. >> greg: right, right. >> dana: one thing that is important to remember is people who are caring for children and they don't have air conditioning, children can

suffer. if you have an elderly neighbor or you know somebody, it's important to check on them. their bodies aren't able to deal with it as much. >> bob: great point. a number of people who die in heat waves are eld he elderly. 15 deaths associated with the storms in the east. coming up, bizarre and i mean bizarre details emerging about tom cruise and katie holmes marriage after the announcement they're getting divorced. details next. ♪ ♪

♪ ♪ >> kimberly: katie holmes filed for divorce on friday from tom cruise. some media outlets are reporting on five-year marriage contract. what do you make of this? >> dana: i have no idea.

there is this rumor of this contract you come and be married to tom cruise you will get $3 million a year for five years. people that are i guess in the know say it's not true. it is just sort of curious this is the third marriage. when they're 33 and they no longer want to be married to tom cruise. raising questions here. i don't know why it would be. >> bob: i'd be married to him for $3 million a year for a couple of years. >> dana: tom is available. >> bob: he has had an usual -- marelyed three times, correct? >> dana: yes. >> bob: he divorced the last one -- >> dana: nicole kidman after ten years. >> kimberly: prior to ten-year mark because in california under the law there are benefits. >> bob: she filed new york. the big i.r.s. is the custody of their child. 6-year-old girl. and apparently in new york, they keep it sealed this information more than in california. how about your divorces? were they open? >> kimberly: you want me to talk about yours?

we'll fill the show. >> bob: mine was open. you get all the information. >> kimberly: you are so bad. >> greg: a big lesson to learn here. i don't think she is entirely innocent. she knew what she was getting into. he was eccentric absightologist. you never -- a scientologist. you never marry a person when you have that person on a wall growing up. that's why me and sting didn't work out. you worship somebody in your life and then he's in your life. it doesn't work. >> dana: springfield and sean cassidy. >> eric: farrah fawcett. >> bob: she was great. >> eric: if you google andrea pisner from the "new york post" from sunday amazing. she takes apart everything about the marriage, marriage of convenience. tom cruise wanted to look like he was a manly man for leading

roles. katie holmes was looking to further her career. of course, who gets naught the mid? surry. >> kimberly: i think he liked her. >> dana: bob thought that's who they named the iphone after. >> kimberly: she has matured and her life has changed and she wants to be her own person and have her independence. >> eric: he is off the deep end. he has been on tv saying after the birth of surry, or before the birth, after the birth he was going to eat the plasen toe because it was healthy. he is nuts. >> greg: here is the thing. tom is one of the uber sexual guys. he doesn't want a fiancee. he just believes -- >> kimberly: where are you getting this from? >> greg: from my diary. c'mon, kimberly. >> bob: there was talk, talk about weekend long of the news shows about his relationship with scientology, which is a legitimate religion. i don't think you point

fingers there. point fingers at cruise himself. he displayed very unusual behavior having nothing to do with the scientology background. >> dana: he is not paying his fair share. we should tax him more. >> kimberly: let's focus on something here. they are parents together. i hope they can work it out and have a good co-parenting agreement so surry can spend time with both parents. to the extent they do that and get along and be amicable that matters with her development. >> eric: qer i can, people following her around. is that true? >> kimberly: there was a report that p.d. received a call of him parked outside her new york apartment. >> bob: that was greg and i on the bicycle in intermission. >> greg: exactly. >> bob: that's right. >> kimberly: we wish them all the best. >> greg: i don't. >> kimberly: everybody has personality -- >> greg: i'm kidding. obvious i do. >> bob: named surry on the iphone after her?

>> dana: so easy to plant stuff. >> kimberly: eyeball roll. one more thing is up next. you never know what will happen on the show. that's why you can't leave. ♪ ♪ also, get a free flight. you know that comes with a private island? really? no. it comes with a hat. see, airline credit cards promise flights for 25,000 miles, but... [ man ] there's never any seats for 25,000 miles. frustrating, isn't it? but that won't happen with the capital onventure card. you can book any aiine, anytime. hey, i just said that. after all, isn't traveling hard enough? ow! [ male annncer ] to get thelights you want, sign up for a venture card at capitalone.com. what's in your wallet? uh, it's ok. i've played a pilot before.

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♪ >> dana: time now for one more thing. kimberly, kick us off? >> kimberly: hi. thank you for calling on me first. a nice story with somewhat of a good ending. we followed a story about this monitor bullied. we know he is received $650,000 which is great. she doesn't want to pursue charges against the four kids bullying her; however, the school elected to suspend them from school for a year and regular bus transportation. they will go to outside school, reengagement school. after 30 weeks of participating in classes about bullying and doing 50 hours of community service, in elderly facility they might get back in school. she doesn't want to prosecute it doesn't rise to the level of the misdemeanor. >> dana: it will be interesting -- >> bob: prison? >> kimberly: they're 14 years old. >> bob: i don't care. >> dana: interesting to follow them and let the parents let them do interviews next year. >> kimberly: i agree. they waived hearings.

the kids and parents agreed for a year suspension. >> dana: interesting. >> greg: what kid wouldn't? they gave them a year off? that encourages bullying. if i know i'd get a year off, i'd bully. >> dana: if you got awards for bullying, you wouldn't on the show because you're so mean to me. >> greg: to please. >> dana:eric? >> eric: my wife said she has a woman, fantastic, a place to be -- you know if i can arrange it, we'd love to have her. she deserves it more than the punks. >> kimberly: you said you'd have a party! >> eric: i don't have a lot of place for liberals. >> kimberly: you bother me. ♪ ♪

♪ ♪ >> eric: so that what you liberals do in your offices! >> kimberly: that is so cute. i love it. >> greg: laptop things could be worse. >> dana: as we have seen. >> dana: anthony weiner. >> kimberly: wow! go next. >> greg: banned word? polarizing. people say this when you won't agree with them. things are getting polarizing. that means they won't agree with you. they only say it about evil right wingers, never about the left. they say there is too much partisanship. i say bipartisan is worse. >> kimberly: bipolarizing. >> greg: make fun of that, will you. >> dana: yes, i will. >> kimberly: oh, boy. >> dana: laura bush will save me. they practice what they preach. they want to show what they

believe and what they do. they are in africa. am byia. they -- zambia. they will go to botswana. they are doing it with pink ribbon and helping teachers learn to take care. specifically, for women's health in particular. cervical scanne cancer. president and mrs. bush out there. if you have a chance to do mission work it changes your life and your heart. >> kimberly: wonderful family. >> dana: jenn and barbara do a lot as well. >> bob: i gave george bush heat for four years but he has been underappreciated for how much work he has done in aids and africa. i don't think anybody is more responsible, him and his wife than helping people with hiv and aids. he should be congratulated. my side of it. we're going to have a dunking. get dunked on the fourth of july special. there is the dunk tank. if you hav